 The principle is, that a servant, when he engages to serve a master, undertakes, as between himself and his master, to run all the ordinary risks of the service, and this includes the risk of negligence on the part of a fellow-servant, whenever he is...  The Canadian Law Times - Side 1341904Uten tilgangsbegrensning - Om denne boken
 | 1918 - 1044 sider
...uniformly followed in this state. It is based upon the implied agreement that the servant undertakes to run all the ordinary risks of the service, including the risk of negligence on the part of a fellow servant. Ib. In that case the court adopted the commonlaw rule as to fellow... | |
 | John T. Cook - 1885 - 874 sider
...defendant. LIBBEY, J. It is the well-settled law that a servant of mature age and common intelligence, when he engages to serve a master, undertakes, as between himself and master, to run all the ordinary and apparent risks of the service. This rule is so well and uniformly... | |
 | MARSHALL D. EWELL - 1888 - 368 sider
...incident to the service, including acts or defaults of any other person employed in the same service. "A servant, when he engages to serve a master, undertakes,...when he is acting in the discharge of his duty as sen-ant of him who is the comuiou master of both." The phrase " common employment" is frequent in this... | |
 | Charles Greenstreet Addison - 1888 - 864 sider
...principle laid down is, that a servant, when he engages to serve a master, undertakes, as between him and his master, to run all the ordinary risks of the service ; and this includes the risk of negligence on the part of a fellow-servant, whenever he is acting in... | |
 | Canada. Royal Commission on the Relations of Labor and Capital - 1889 - 204 sider
...Alderson, in 1850, in the case of Hutchinson PS. The York, Newcastle and Berwick Railway Company — "that a servant when he engages to serve a master, undertakes,...master, to run all the ordinary risks of the service ; and this includes the risk of negligence on the part of a fellow servant whenever he is acting in... | |
 | William Mark McKinney - 1889 - 560 sider
...him. But we do not think there is any real distinction between the two cases. The principle is, that a servant when he engages to serve a master undertakes,...master, to run all the ordinary risks of the service, and this includes the risk of negligence upon the part of a fellow-servant when he is acting in the... | |
 | Charles Gershom Fall - 1889 - 200 sider
...principle and the terms of the implied contract. " The principle is that a * 3 Cash. 270. t 6 Exch. servant, when he engages to serve a master, undertakes,...master, to run all the ordinary risks of the service ; and this includes the risk of negligence on the part of a fellow-servant whenever he is acting in... | |
 | Tindal Arthur Pearson - 1890 - 530 sider
...to the contract, the master will not be liable.1 The principle on which this rule is based is, that a servant when he engages to serve a master, undertakes,...master, to run all the ordinary risks of the service, and this includes the risk of negligence upon the part of a fellow servant when he is acting in the... | |
 | New Brunswick. Supreme Court, Ward Chipman, John Campbell Allen, Allen Otty Earle, Thomas Carleton Allen, George F. S. Berton, David Shank Kerr, George B. Seely, James Hannay, William Pugsley, Arthur I. Trueman, George Wheelock Burbidge, George W. Allen, John L. Carleton, William Henry Harrison, Ernest Doiron, Douglas King Hazen - 1892 - 808 sider
...deceased was, or those guiding the other train or of both. Alderson, B., says : " The principle is that a servant, when he engages to serve a master, undertakes as between him and his master to run all the ordinary risks of the service, and this includes the risk of negligence... | |
 | Frederick Pollock - 1894 - 842 sider
...other country in Europe. The following is a clear judicial statement of it in its settled form : " A servant, when he engages to serve a master, undertakes,...ordinary risks of the service, including the risk of (f) Sec Wilton v. Merry (1868), LR 1 Sc. & D. 326. Jersey, etc., R. Co., 7 Bobt. 611; Ponton v. Wilmington,... | |
| |
